Problems with salvage tractor. Advice needed.

[Redlined0002]

2020 Kubota MX5400 550 hrs. I have a $10,000 repair on it. Turbo bearing failed spraying oil into the EGR system destroying both. Here is the question. Turns out that Kubota declared the unit a total loss because of an apparent insurance claim. Records from Kubota say that the unit was donated to an auction after it was scrapped. The dealer I purchased the unit never indicated that there was a problem with the tractor. I paid what seemed to be reasonable market value. Seems to me that I should have been told that the unit had been scrapped. Doubt very much that I would gone ahead with the deal. Did the dealer commit some sort of fraud? Is there a requirement that the seller has to declare that the unit has been scrapped? Do I have any recourse legal or civil in this matter. Welcome input from any source. I really am at a loss as what to do. Never had anything like this happen to me before.

Where are you located? This tractor can be fixed..I have rebuilt many of them

 

[Redlined0002]

Hear is an AI response to the question - does an Equpment dealer need to disclose a tractor is a salvage unit in Ohio

Yes, in Ohio, an equipment dealer is legally required to disclose in writing if a tractor is a "rebuilt salvage" vehicle to the retail purchaser before the purchase agreement is executed.
This disclosure is crucial for consumer protection and helps ensure buyers are aware of the vehicle's history.
Here's why this is important

• Consumer Sales Practices Act (CSPA) violation: Failing to disclose that a vehicle is a rebuilt salvage can be considered a violation of the CSPA, which could allow the purchaser to demand rescission of the purchase.
• Specific Disclosure Form: Ohio law mandates the use of a specific disclosure form. This form must include details such as the vehicle information (year, make, model, VIN), a notice that the vehicle has a "rebuilt salvage" title brand, and an explanation that the vehicle was once salvaged but has been restored and inspected by the Ohio State Highway Patrol, The customer must read and sign this form before signing the purchase documents.
• Title Defect Recission Fund: The Title Defect Recission Fund in Ohio provides refunds to purchasers in cases where a vehicle's certificate of title indicates it's a rebuilt salvage vehicle and this fact wasn't disclosed in writing to the consumer.

In essence, honesty and transparency are essential when selling rebuilt salvage tractors in Ohio. Dealers must provide clear and timely written disclosures to protect both themselves and their customers.

You are twisting the words. It is a tractor ( off road farm equipment) ot a vehicle. The only recourse is a Lawyer. 3 years later and you have spent more money than the tractor is worth, you went backwards than if you would have fixed it and put it in the past.

 

[Lastkidpicked]

If the sales agreement states that the dealer is unaware of any problems with the used tractor, you may have a case. A tractor with a seized turbo will not run properly so anyone who has operated a tractor, such as the person driving the tractor onto or off of a trailer or around their yard, would know.

I was a mechanic at a car dealership in my younger days so I can tell you how it would work at a used car lot:

If there is a known issue, then the dealer must disclose it. But it doesn't even have to be a KNOWN issue. It is generally stated like this: "If the dealer knew, or should have known. . . "

The should have known part comes in as Jim stated above. When a lot tech tries to load something onto a trailer and it can barely drive itself up there, that means the seller can no longer hide behind "I didn't know".

 

[Suburban Plowboy]

Lot of non-lawyers giving legal advice. I'm a lawyer. The correct advice is: talk to a lawyer. In your jurisdiction.

It's a good idea to research on your own first. Look at the criminal statutes. See if you can find a site explaining civil fraud in your jurisdiction.

It's also smart to look for government entities that torment crooked dealers.

Don't pay much attention to what well-intentioned laymen say on a forum.

The lawyer will know or find out the applicable law. He will ask you if you signed anything, and he will want to see it. You'll get an answer you can rely on.

Law is not hard, but it's not simple. You have to know what you're doing. That's why people like me had to go to law school for three years before we were legally allowed to represent anyone.

Do not give up hope until you have consulted a pro.

 

[Suburban Plowboy]

I was a mechanic at a car dealership in my younger days so I can tell you how it would work at a used car lot:

If there is a known issue, then the dealer must disclose it. But it doesn't even have to be a KNOWN issue. It is generally stated like this: "If the dealer knew, or should have known. . . "

The should have known part comes in as Jim stated above. When a lot tech tries to load something onto a trailer and it can barely drive itself up there, that means the seller can no longer hide behind "I didn't know".

That is very sound advice. It could apply in this case, and a lawyer can tell OP.

 

[Suburban Plowboy]

States have long arm statutes which enable their courts to assert jurisdiction over defendants in other states. This may apply to a PA dealer selling to an OH customer.